DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 are pending.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 01/13/2026, 05/04/2026, and 08/11/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 13, and 16 of U.S. Patent No. 12,437,290 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claims at issue are recited in claims 1-11, 13, and 16 of U.S. Patent No. 12,437,290 B2.
The claims are mapped as follows:
Instant Application 19/330,588
US Patent 12,437,290
1. A method implemented by a computing device, the method comprising:
receiving, by the computing device, a request to access digital content, the request identifying a nonfungible token (NFT) associated with a physical item involved in a transaction and data describing a three-dimensional physical characteristic of the physical item;
locating, by the computing device, a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT) associated with a physical item;
locating, by the computing device, a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction;
verifying, by the computing device via the service provider account, possession of the physical item based on the data describing a three-dimensional physical characteristic and possession of the NFT; and
communicating, by the computing device, the digital content responsive to the verifying.
1. A method comprising:
receiving, by a service provider computing device, an input identifying a nonfungible token (NFT) associated with a physical item involved in a transaction;
locating, by the service provider computing device, a blockchain account associated with the NFT by querying a blockchain;
locating, by the service provider computing device, a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction;
generating, by the service provider computing device, digital content based at least in part on data obtained from the service provider account;
transmitting, by the service provider computing device for receipt by a client computing device, a subset of the digital content to be displayed in a user interface of the client computing device;
receiving, by the service provider computing device, a request to access the digital content from the client computing device responsive to display of the subset of digital content in the user interface at the client computing device;
transmitting, by the service provider computing device, a request to verify possession of the physical item responsive to the request to access the digital content;
obtaining, by the service provider computing device, at least one three-dimensional physical characteristic of the physical item from the client computing device, the at least one three-dimensional physical characteristic generated using a physical item scanner by the client computing device;
determining, by the service provider computing device, that the request to access the digital content is associated with possession of the NFT by verifying that the at least one three-dimensional physical characteristic of the physical item corresponds to a fingerprint of the NFT, the NFT including the fingerprint generated as describing the at least one three-dimensional physical characteristic of the physical item;
generating, by the service provider computing device, digital content for the service provider account responsive to the verifying; and
communicating, by the service provider computing device for receipt by the client computing device and display in the user interface at the client computing device, the digital content generated responsive to the verifying, the communicating performed responsive to the determining the request is associated with possession of the NFT.
2. The method as described in claim 1, wherein the determining the request is associated with the NFT includes verifying possession of the NFT.
2. The method as described in claim 1, wherein the verifying further comprises receiving a key associated with the blockchain account.
3. The method as described in claim 2, wherein the verifying further comprises receiving a key associated with the blockchain account.
3. The method as described in claim 1, wherein the transaction at least in part is performed by:
initiating, by the computing device, transfer of the NFT on the blockchain to the blockchain account;
transmitting, by the computing device, data to the blockchain about the NFT; and
receiving, by the computing device, indication that the NFT is in the blockchain account.
4. The method as described in claim 1, wherein the transaction at least in part is performed by:
initiating, by the computing device, transfer of the NFT on the blockchain to the blockchain account;
transmitting, by the computing device, data to the blockchain about the NFT; and
receiving, by the computing device, indication that the NFT is in the blockchain account.
4. The method as described in claim 1, wherein the NFT includes a fingerprint generated as describing the physical characteristic of the physical item.
1. …
determining, by the service provider computing device, that the request to access the digital content is associated with possession of the NFT by verifying that the at least one three-dimensional physical characteristic of the physical item corresponds to a fingerprint of the NFT, the NFT including the fingerprint generated as describing the at least one three-dimensional physical characteristic of the physical item;
5. The method as described in claim 1, wherein the verifying includes determining whether the NFT is possessed for a threshold amount of time has passed.
5. The method as described in claim 1, wherein the determining whether the request is associated with possession of the NFT is performed responsive to detecting that a threshold amount of time has passed.
6. The method as described in claim 1, wherein the communicating includes transmitting the digital content to a network address associated with the service provider account.
6. The method as described in claim 1, wherein the communicating includes transmitting the digital content to a network address associated with the service provider account.
7. The method as described in claim 1, wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
7. The method as described in claim 1, wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
8. The method as described in claim 1, wherein the digital content includes a transaction fee adjustment for a subsequent transaction by the service provider account.
8. The method as described in claim 1, wherein the digital content includes a transaction fee adjustment for a subsequent transaction by the service provider account.
9. The method as described in claim 1, wherein the digital content includes at least one of a market value determination of the NFT, a second NFT, a priority display location for a listing by the service provider account, or a discounted price for an asset.
9. The method as described in claim 1, wherein the digital content includes at least one of a market value determination of the NFT, a second NFT, a priority display location for a listing by the service provider account, or a discounted price for an asset.
10. A computing device comprising:
a processor; and
a computer-readable storage medium storing instructions that, responsive to execution by the processor, causes the processor to perform operations including:
receiving a request to access digital content, the request identifying a nonfungible token (NFT) associated with a physical item involved in a transaction;
locating a service provider account of a service provider system based on the nonfungible token (NFT), the service provider account involved in the transaction;
receiving data describing a three-dimensional physical characteristic of the physical item;
verifying, via the service provider account, possession of the NFT and possession of the physical item based on the data describing the three-dimensional physical characteristic; and
communicating the digital content responsive to the verifying.
10. A service provider computing device comprising:
a processing device; and
a computer-readable storage medium storing instructions that, responsive to execution by the processing device, causes the processing device to perform operations including:
receiving an input identifying a nonfungible token (NFT) associated with a physical item involved in a transaction;
locating a blockchain account associated with the NFT by querying a blockchain;
locating a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction;
generating digital content based at least in part on data obtained from the service provider account;
transmitting, for receipt by a client computing device, a subset of the digital content to be displayed in a user interface of the client computing device;
receiving a request to access the digital content from the client computing device responsive to display of the subset of digital content in the user interface at the client computing device;
transmitting, for receipt by the client computing device, a request to verify possession of the physical item responsive to the request to access the digital content;
obtaining at least one three-dimensional physical characteristic of the physical item from the client computing device, the at least one three-dimensional physical characteristic generated using a physical item scanner by the client computing device;
determining that the request to access the digital content is associated with possession of the NFT by verifying that the at least one three-dimensional physical characteristic of the physical item corresponds to a fingerprint of the NFT, the NFT including the fingerprint generated as describing the at least one three-dimensional physical characteristics of the physical item;
generating digital content for the service provider account responsive to the verifying; and
communicating, for receipt by the client computing device and display in the user interface at the client computing device, the digital content generated responsive to the verifying, the communicating performed responsive to the determining the request is associated with possession of the NFT.
11. The service provider computing device as described in claim 10, wherein the determining the request is associated with the NFT includes verifying possession of the NFT.
11. The computing device as described in claim 10, further comprising locating a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT) associated with a physical item and wherein the locating of the service provider account is based on the located blockchain account.
10. …
locating a blockchain account associated with the NFT by querying a blockchain;
locating a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction;
12. The computing device as described in claim 11, wherein the transaction at least in part is performed by:
initiating transfer of the NFT on the blockchain to the blockchain account;
transmitting data to the blockchain about the NFT; and
receiving indication that the NFT is in the blockchain account.
13. The service provider computing device as described in claim 10, wherein the transaction at least in part is performed by:
initiating, by the computing device, transfer of the NFT on the blockchain to the blockchain account;
transmitting, by the computing device, data to the blockchain about the NFT; and
receiving, by the computing device, indication that the NFT is in the blockchain account.
13. The computing device as described in claim 11, wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
16. The service provider computing device as described in claim 10, wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
14. The computing device as described in claim 10, wherein the NFT includes a fingerprint generated as describing the physical characteristic of the physical item.
10. …
determining that the request to access the digital content is associated with possession of the NFT by verifying that the at least one three-dimensional physical characteristic of the physical item corresponds to a fingerprint of the NFT, the NFT including the fingerprint generated as describing the at least one three-dimensional physical characteristics of the physical item;
15. One or more computer-readable storage media storing instructions that, responsive to execution by a processor, causes the processor to perform operations comprising:
receiving a request to access digital content, the request identifying a nonfungible token (NFT) associated with a physical item;
locating a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT);
locating a service provider account of a service provider system based on the located blockchain account,
receiving data describing a three-dimensional physical characteristic of the physical item;
verifying, via the service provider account, possession of the NFT and possession of the physical item based on the data describing a three-dimensional physical characteristic; and
communicating the digital content responsive to the verifying.
10. A service provider computing device comprising:
a processing device; and
a computer-readable storage medium storing instructions that, responsive to execution by the processing device, causes the processing device to perform operations including:
receiving an input identifying a nonfungible token (NFT) associated with a physical item involved in a transaction;
locating a blockchain account associated with the NFT by querying a blockchain;
locating a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction;
generating digital content based at least in part on data obtained from the service provider account;
transmitting, for receipt by a client computing device, a subset of the digital content to be displayed in a user interface of the client computing device;
receiving a request to access the digital content from the client computing device responsive to display of the subset of digital content in the user interface at the client computing device;
transmitting, for receipt by the client computing device, a request to verify possession of the physical item responsive to the request to access the digital content;
obtaining at least one three-dimensional physical characteristic of the physical item from the client computing device, the at least one three-dimensional physical characteristic generated using a physical item scanner by the client computing device;
determining that the request to access the digital content is associated with possession of the NFT by verifying that the at least one three-dimensional physical characteristic of the physical item corresponds to a fingerprint of the NFT, the NFT including the fingerprint generated as describing the at least one three-dimensional physical characteristics of the physical item;
generating digital content for the service provider account responsive to the verifying; and
communicating, for receipt by the client computing device and display in the user interface at the client computing device, the digital content generated responsive to the verifying, the communicating performed responsive to the determining the request is associated with possession of the NFT.
11. The service provider computing device as described in claim 10, wherein the determining the request is associated with the NFT includes verifying possession of the NFT.
16. The one or more computer-readable storage media as described in claim 15, further comprising locating a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT) associated with a physical item and wherein the locating of the service provider account is based on the located blockchain account.
10. …
locating a blockchain account associated with the NFT by querying a blockchain;
locating a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction;
17. The one or more computer-readable storage media as described in claim 15, wherein the physical item and the NFT are involved in a transaction and the communicating is performed responsive to completing the transaction.
10. …
receiving an input identifying a nonfungible token (NFT) associated with a physical item involved in a transaction;
…
communicating, for receipt by the client computing device and display in the user interface at the client computing device, the digital content generated responsive to the verifying, the communicating performed responsive to the determining the request is associated with possession of the NFT.
18. The one or more computer-readable storage media as described in claim 17, wherein the transaction at least in part is performed by:
initiating transfer of the NFT on the blockchain to the blockchain account;
transmitting data to the blockchain about the NFT; and
receiving indication that the NFT is in the blockchain account.
13. The service provider computing device as described in claim 10, wherein the transaction at least in part is performed by:
initiating, by the computing device, transfer of the NFT on the blockchain to the blockchain account;
transmitting, by the computing device, data to the blockchain about the NFT; and
receiving, by the computing device, indication that the NFT is in the blockchain account.
19. The one or more computer-readable storage media as described in claim 16, wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
16. The service provider computing device as described in claim 10, wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
20. The one or more computer-readable storage media as described in claim 15, wherein the NFT includes a fingerprint generated as describing the physical characteristic of the physical item.
10. …
determining that the request to access the digital content is associated with possession of the NFT by verifying that the at least one three-dimensional physical characteristic of the physical item corresponds to a fingerprint of the NFT, the NFT including the fingerprint generated as describing the at least one three-dimensional physical characteristics of the physical item;
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Step 1 of the eligibility analysis asks is the claim to a process, machine, manufacture or composition of matter (See MPEP § 2106.03, subsections I and II). Claims 1-9 are directed to a computer-implemented method (i.e., process). Claims 10-14 are directed to a computer-implemented device (i.e., machine, and manufacture). Claims 15-20 are directed to a non-transitory (See Pre-Grant Publication 0087) computer-readable storage medium (i.e., manufacture). Therefore, these claims fall within the four statutory categories of invention.
Step 2A, Prong One
Prong One asks does the claim recite an abstract idea, law of nature, or natural phenomenon (MPEP § 2106.04(II)(A)(1)). The independent claims under a broadest reasonable interpretation recite an abstract idea because the claims describe providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas (MPEP § 2106.04(a)(2), subsection II). The claim limitations reciting the abstract idea are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations describe fundamental economic principles or practices, including mitigating risk, and describe commercial or legal interactions, including advertising, marketing or sales activities or behaviors. The following underlined claim limitations recite the abstract idea.
Claim 1:
A method implemented by a computing device, the method comprising:
receiving, by the computing device, a request to access digital content, the request identifying a nonfungible token (NFT) associated with a physical item involved in a transaction and data describing a three-dimensional physical characteristic of the physical item;
locating, by the computing device, a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT) associated with a physical item;
locating, by the computing device, a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction;
verifying, by the computing device via the service provider account, possession of the physical item based on the data describing a three-dimensional physical characteristic and possession of the NFT; and
communicating, by the computing device, the digital content responsive to the verifying.
Claim 10:
A computing device comprising:
a processor; and
a computer-readable storage medium storing instructions that, responsive to execution by the processor, causes the processor to perform operations including:
receiving a request to access digital content, the request identifying a nonfungible token (NFT) associated with a physical item involved in a transaction;
locating a service provider account of a service provider system based on the nonfungible token (NFT), the service provider account involved in the transaction;
receiving data describing a three-dimensional physical characteristic of the physical item;
verifying, via the service provider account, possession of the NFT and possession of the physical item based on the data describing the three- dimensional physical characteristic; and
communicating the digital content responsive to the verifying.
Claim 15:
One or more computer-readable storage media storing instructions that, responsive to execution by a processor, causes the processor to perform operations comprising:
receiving a request to access digital content, the request identifying a nonfungible token (NFT) associated with a physical item;
locating a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT);
locating a service provider account of a service provider system based on the located blockchain account,
receiving data describing a three-dimensional physical characteristic of the physical item;
verifying, via the service provider account, possession of the NFT and possession of the physical item based on the data describing a three-dimensional physical characteristic; and
communicating the digital content responsive to the verifying.
Step 2A, Prong Two
Prong Two asks does the claim recite additional elements that integrate the judicial exception into a practical application (MPEP § 2106.04(II)(A)(2)). Examiners evaluate integration into a practical application by: (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (2) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application, using one or more of the considerations discussed in more detail in MPEP §§ 2106.04(d)(1), 2106.04(d)(2), 2106.05(a) through (c) and 2106.05(e) through (h). Here, the non-underlined claim limitations above recite additional elements. The additional elements do not improve the functioning of computers, another technology, or a technical field (MPEP §§ 2106.04(d)(1) and 2106.05(a)). The Specification does not assert that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. The claim does not purport to improve computer capabilities, but rather invokes computers merely as a tool by adding general purpose computers post-hoc to an abstract idea. A commonplace business method being applied on a general-purpose computer is not sufficient to show an improvement to technology. The claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology. The Specification and the claim language provide evidence that the focus of the claim is on a scheme. An improvement in the abstract idea itself is not an improvement in technology. Even if the Specification describes technical improvements, they are not claimed. The additional elements do not apply the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (MPEP § 2106.04(d)(2)). The additional elements do not implement the abstract idea with a particular machine or manufacture that is integral to the claim (MPEP § 2106.05(b)). A general-purpose computer that applies a judicial exception, such as an abstract idea, by use of conventional computer functions does not qualify as a particular machine. The additional elements do not transform or reduce a particular article to a different state or thing (MPEP § 2106.05(c)). The claim does not recite any transformation of an article where the article changes to a different state or thing. Nor do the additional elements apply the abstract idea in a meaningful way or impose a meaningful limit on it beyond linking its use to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP § 2106.05(e)). The additional elements generally link the use of the judicial exception to a particular technological environment. A wholly generic computer implementation is not generally the sort of additional feature that provides any practical assurance that the process is more than a drafting effort designed to monopolize the abstract idea itself. The additional elements individually and in combination, merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). Implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer. Use of a computer or other machinery in its ordinary capacity for economic or other tasks or simply adding a general-purpose computer or computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application. The additional elements are being used in their ordinary capacity. The additional elements do no more than merely invoke computers or machinery as a tool to perform an existing process. The additional elements generally link the use of the abstract idea to a particular technological environment or field of use (MPEP § 2106.05(h)). Limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception cannot integrate a judicial exception into a practical application. Thus, the additional elements do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to the abstract idea identified above.
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the abstract idea itself (MPEP § 2106.05). In Step 2B examiners carry over their identification of the additional element(s) in the claim from Step 2A Prong Two; carry over their conclusions from Step 2A Prong Two on the considerations discussed in MPEP §§ 2106.05(a)-(c), (e), (f) and (h); re-evaluate any additional element or combination of elements that was considered to be insignificant extra-solution activity per MPEP § 2106.05(g), because if such re-evaluation finds that the element is unconventional or otherwise more than what is well-understood, routine, conventional activity in the field, this finding may indicate that the additional element is no longer considered to be insignificant; and evaluate whether any additional element or combination of elements are other than what is well-understood, routine, conventional activity in the field, or simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, per MPEP § 2106.05(d). The additional elements individually and in combination, merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). The additional elements generally link the use of the abstract idea to a particular technological environment or field of use (MPEP § 2106.05(h)). Individually, the additional elements do not amount to significantly more than the abstract idea. Here, the additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry. A factual determination is required to support a conclusion that an additional element (or combination of additional elements) is well-understood, routine, conventional activity. Here, the specification of the application indicates that additional elements are well-known or conventional (See Spec. 0031-0048, 0080-0094). There is nothing in the specification to indicate that the operations recited in the claims require any specialized hardware or inventive computer components or that the claimed invention is implemented using other than generic computer components to perform generic computer functions. The ordered combination recites no more than the individual elements do. Thus, the additional elements are not significantly more than the abstract idea. Accordingly, the claims are directed to the abstract idea identified above without significantly more. The claims are not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims
Claim 2 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the verifying further comprises receiving a key associated with the blockchain account.
Claim 3 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the transaction at least in part is performed by:
initiating, by the computing device, transfer of the NFT on the blockchain to the blockchain account;
transmitting, by the computing device, data to the blockchain about the NFT; and
receiving, by the computing device, indication that the NFT is in the blockchain account.
Claim 4 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the NFT includes a fingerprint generated as describing the physical characteristic of the physical item.
Claim 5 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the verifying includes determining whether the NFT is possessed for a threshold amount of time has passed.
Claim 6 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the communicating includes transmitting the digital content to a network address associated with the service provider account.
Claim 7 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
Claim 8 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the digital content includes a transaction fee adjustment for a subsequent transaction by the service provider account.
Claim 9 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the digital content includes at least one of a market value determination of the NFT, a second NFT, a priority display location for a listing by the service provider account, or a discounted price for an asset.
Claim 11 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
locating a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT) associated with a physical item and wherein the locating of the service provider account is based on the located blockchain account.
Claim 12 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the transaction at least in part is performed by:
initiating transfer of the NFT on the blockchain to the blockchain account;
transmitting data to the blockchain about the NFT; and
receiving indication that the NFT is in the blockchain account.
Claim 13 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
Claim 14 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the NFT includes a fingerprint generated as describing the physical characteristic of the physical item.
Claim 16 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
locating a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT) associated with a physical item and wherein the locating of the service provider account is based on the located blockchain account.
Claim 17 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the physical item and the NFT are involved in a transaction and the communicating is performed responsive to completing the transaction.
Claim 18 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the transaction at least in part is performed by:
initiating transfer of the NFT on the blockchain to the blockchain account;
transmitting data to the blockchain about the NFT; and
receiving indication that the NFT is in the blockchain account.
Claim 19 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the locating the blockchain account includes obtaining a transaction history and associated blockchain accounts of one or more transactions involving the NFT.
Claim 20 recites an abstract idea because the claim describes providing content for a located account responsive to determining a request to access content is associated with possession of a token associated with the account by verifying correspondence of the token with possession of a physical item, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0031-0048, 0080-0094). Therefore, the claim is not eligible.
wherein the NFT includes a fingerprint generated as describing the physical characteristic of the physical item.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12, 16, and 18-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Unclear Scope
Claim 12 is directed to a product (e.g., "The computing device ...”). For products, the claim limitations will define discrete physical structures or materials (See MPEP 2103(I)(C)). Here, claim 12 recites that the "computing device" comprises structural recitations of the "a processor" and “a computer-readable storage medium storing instructions”. However, the claim also recites functions (e.g., “wherein the transaction at least in part is performed by: initiating transfer of the NFT on the blockchain to the blockchain account; transmitting data to the blockchain about the NFT; and receiving indication that the NFT is in the blockchain account”) where it is unclear what claimed structural recitations of the "computing device" these functions are attributed to, if any. Therefore, the claim is indefinite and rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For purposes of compact prosecution, Examiner is interpretating the claim as the mentioned functions being attributed to the structural recitations of the "processor".
Claim 18 is directed to a product (e.g., "The one or more computer-readable storage media ...”). For products, the claim limitations will define discrete physical structures or materials (See MPEP 2103(I)(C)). Here, claim 18 recites operations performed by a processor (e.g. “One or more computer-readable storage media storing instructions that, responsive to execution by a processor, causes the processor to perform operations comprising: …”). However, the claim also recites functions (e.g., “wherein the transaction at least in part is performed by: initiating transfer of the NFT on the blockchain to the blockchain account; transmitting data to the blockchain about the NFT; and receiving indication that the NFT is in the blockchain account”) where it is unclear whether the processor performs these functions or not. Therefore, the claim is indefinite and rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For purposes of compact prosecution, Examiner is interpretating the claim as the mentioned functions being attributed to the structural recitations of the "processor".
See In re Zletz, 893 F.2d 319, 13USPQ2d 1320 (Fed. Cir. 1989) and MPEP 2173.02 (III)(B) which states “Examiners should bear in mind that "[a]n essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.”
Lack of Antecedent Basis
Claim 16 recites "the blockchain account" without proper antecedent basis. Appropriate correction is needed.
Claim 19 recites "the locating the blockchain account" without proper antecedent basis. Appropriate correction is needed.
Therefore, these claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims Free of Art
Claims 1-20 are free of art. The closest prior art of record is US 2020/0273048 A1 (“Andon”). Andon teaches:
a processor; and a computer-readable storage medium storing instructions that, responsive to execution by the processor, causes the processor to perform operations including [One or more computer-readable storage media storing instructions that, responsive to execution by a processor, causes the processor to perform operations comprising] (paras 82-84, 134, 143-144)
receiving, by the computing device (paras 82-84, 134, 143-144), a request to access digital content, the request identifying a nonfungible token (NFT) associated with a physical item involved in a transaction and data describing a three-dimensional physical characteristic of the physical item; (paras 60-61, 80, 114-118)
locating, by the computing device (paras 82-84, 134, 143-144), a blockchain account by querying a blockchain, the blockchain account associated with the nonfungible token (NFT) associated with a physical item; (paras 46, 48)
locating, by the computing device (paras 82-84, 134, 143-144), a service provider account of a service provider system based on the located blockchain account, the service provider account involved in the transaction; [locating a service provider account of a service provider system based on the nonfungible token (NFT), the service provider account involved in the transaction] (paras 50-51)
receiving data describing a three-dimensional physical characteristic of the physical item; (paras 44, 47-48, 70)
communicating, by the computing device (paras 82-84, 134, 143-144), the digital content responsive to the verifying. (paras 60-61, 80, 114-118)
Therefore, the prior art does not teach, neither singly nor in combination the following:
verifying, by the computing device via the service provider account, possession of the physical item based on the data describing a three-dimensional physical characteristic and possession of the NFT; and
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2019/0220836 A1 to Caldwell discloses: Computer-implemented methods and systems are provided that distribute media content using a distributed ledger maintained by a plurality of nodes. Specifically, first data is stored in the distributed ledger. The first data represents a purchase contract that transfers a digital token associated with a particular digital media content item to a first user in return for payment by the first user. Second data is also stored in the distributed ledger. The second data represents a resale contract that transfers the digital token associated with the particular digital media content item as stored in the first data from the first user to a second user in return for payment by the second user. The digital token associated with the particular digital media content item as part of the first data can be used to grant only the first user permission to access the particular digital media content item unless such digital token is transferred from the first user to another user by data representing a resale contract that is stored in the digital ledger. The digital token associated with the particular digital media content item as part of the second data can be used to grant only the second user permission to access the particular digital media content item unless such digital token is transferred from the second user to another user by data representing a resale contract that is stored in the digital ledger.
US 2020/0242105 A1 to Rich et al. discloses: A distributed computing platform and method for creating actionable digital assets and tokens incorporating influence and outreach (“KNFT”). A KNFT application server may be configured to receive, over a distributed computing network from a remote computing node, a request for a new non-fungible token wherein the KNFT comprises a unique KNFT identifier, at least one metadata element, and least one social vector. A blockchain proxy server may be operatively connected to the KNFT application server and to a distributed blockchain ledger. Social actions may comprise user comment, connection, direct message, like, or favorable rating, and a change in ownership of the KNFT may be written to the social vector by a KNFT API. The social vector may comprise social vector data from at least one prior owner, and the KNFT may further comprise a circulation trail vector that incorporates the ownership history of the KNFT.
US 2020/0005284 A1 to Vijayan discloses: Systems and methods are described for implementing blockchain-based content engagement platforms. In several embodiments, the content engagement platform includes a registry service which enables verified content creators to mint Non-Fungible Tokens (NFTs). In many embodiments, media wallet applications enable users to securely store NFTs and/or other tokens on their devices. In a number of embodiments, the media wallet applications collect data concerning media consumed by users and aggregate the media consumption data in a permissioned analytics blockchain. The manner in which the media consumption data is stored can enable users to control permission to access their personal data. In one embodiment, a media wallet is provided that can securely store NFTs, display a user interface through which user instructions concerning data access permissions are received, and cause media consumption data to be written to at least one immutable ledger in conjunction with a set of data access permissions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ari Shahabi whose telephone number is (571)272-2565. The examiner can normally be reached M-F: 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John W Hayes can be reached at 571-272-6708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARI SHAHABI/Primary Examiner, Art Unit 3697
